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Biden Administration Disbands DHS Intelligence Panel After Lawsuit

 May 4, 2024

The Biden administration has decided to dissolve a controversial intelligence group within the Department of Homeland Security (DHS) following legal challenges alleging that its formation violated federal law.

The Homeland Intelligence Experts Group will cease operations, according to a court-agreed order issued amid a lawsuit filed by America First Legal, as Fox News reports.

Introduced in September by DHS Secretary Alejandro Mayorkas, the Homeland Intelligence Experts Group was comprised of various private sector figures. These individuals were selected to offer their expertise on matters related to intelligence and national security.

However, the group soon became the subject of intense scrutiny and criticism. Detractors accused it of partisanship, largely because a significant majority of its members had made political donations to Democrats.

Former intelligence officials such as James Clapper and John Brennan, associated with the panel, were singled out by critics for contributing to its alleged political bias.

Legal Challenges and Claims of Bias

A lawsuit was filed in November by America First Legal, an organization represented by former acting Director of National Intelligence Richard Grenell. The lawsuit accused the Experts Group of violating the Federal Advisory Committee Act, which mandates balance and transparency in advisory committees.

The group's partisan nature was a key element of the lawsuit, highlighting an imbalance in the political affiliations of its members.

Despite DHS's insistence that the group operated within legal boundaries, administration officials agreed to disband it. This decision was included in a joint notice following the lawsuit's proceedings.

Settlement and Disbandment Details

The settlement between DHS and America First Legal stipulated that the group would be disbanded within 30 days. Furthermore, DHS agreed not to reform the group in any way that contravenes federal law.

DHS also committed to releasing redacted versions of the group’s meeting agendas and minutes within 15 days, ensuring a degree of transparency post-dissolution.

As part of the settlement, America First Legal agreed to dismiss its lawsuit. However, the agreement allows DHS the possibility of forming a new advisory committee under appropriate legal frameworks in the future.

Reactions to the Closure

The decision to disband the Experts Group was met with considerable approval from conservative circles. Key figures such as Stephen Miller and Grenell lauded the legal victory, framing it as a significant setback for the Biden administration.

"Thanks to the courage of Ric Grenell in standing up to the Deep State, we have just achieved an unqualified legal victory over Mayorkas and Biden," said Miller, celebrating the outcome.

Grenell also commented on the resolution, stating, "DHS surrendered because they knew the America First Legal team was right, and Biden’s team broke the law."

Implications of the Settlement

The lawsuit and subsequent disbandment of the Homeland Intelligence Experts Group highlight ongoing tensions over the politicization of national security functions and advisory groups.

The closure is seen not just as a legal win but as a precedent concerning the establishment and operation of federal advisory bodies.

Secretary Mayorkas had emphasized the importance of such groups in enhancing national security through better intelligence sharing. "The security of the American people depends on our capacity to collect, generate, and disseminate actionable intelligence," he had stated.

Looking Towards Future Advisory Efforts

With the group now disbanded, DHS might consider establishing a new advisory framework that aligns with federal laws and addresses the criticisms leveled at the previous group.

This incident serves as a cautionary tale about the critical need for balance and transparency in governmental advisory bodies, to avoid perceptions of partisanship and ensure broad acceptance of their contributions to national security.

In conclusion, the disbandment of the Homeland Intelligence Experts Group marks a pivotal moment in the ongoing dialogue about the role of partisan politics in national security efforts. It underscores the legal and ethical obligations of governmental bodies to maintain neutrality and transparency in their operations.